15. CONTRACT Construction.-Where it is not contended that the rights of the parties depend on any. thing but the construction of a contract, the question at issue is for the court.-NEALE V. DEMPSTER, Penn., 39 Atl. Rep. 289.

16. CONTRACTS-Liquidated Damages.-A department store purchasing $46,000 worth of goods of a rival store, which retained other kinds of goods worth $350,000, and contracting to pay $5,000 as liquidated damages if it advertised that its purchase included any goods other than those actually bought of its rival, is liable for more than nominal damages for a breach of such contract.-MAY V. CRAWFORD, Mo., 44 S. W. Rep. 260.

17. CONTRACTS-Public Policy-Officers.-A contract whereby an officer agrees to accept a different com. pensation than that provided by statute for his official acts, or whereby he agrees not to avail himself of the statutory method of enforcing collection of his fees, is contrary to public policy, and void.-PETERS V. CITY OF DAVENPORT, Iowa, 74 N. W. Rep. 6.

18. CONTRACT OF SALE Exercise of Option.-The plaintiff, a corporation, delivered goods to R under a contract by the terms of which R agreed to sell the goods on account of plaintiff, and at its option execute to it his promissory note for its accommodation for the total amount of the list price of the goods, and at his option purchase all goods remaining on hand at a certain time thereafter: Held, by demanding after such time the payment of the notes given pursuant to the contract, plaintiff exercised the option last above mentioned, and R thereby became the owner of all the goods remaining on hand.-FAVORITE CARRIAGE Co. V. WALSH, Minn., 74 N. W. Rep. 137.

19. CONVERSION

Measure of Damages.-In actions for the conversion of personal property, where no special circumstances require a different rule, the measure of damages is the fair market value of the property at the place and time of the conversion.GENSBURG V. FIELD, Iowa, 74 N. W. Rep. 3.

20. CORPORATIONS-Action by President - Estoppel.In an action to recover a balance due for services as president of a corporation, plaintiff is not estopped by his knowledge of entries in the corporation's books showing the expense account charged with a less amount each month as his salary than he claims, when he testifies to an agreement with the principal stock. holder to draw a less amount than his full salary on account of the financial condition of the corporation. -BUSHNELL V. SIMPSON, Cal., 51 Pac. Rep. 1080.

21. CORPORATIONS-Acts of Officers-Fraud of Buyers. -A sale of goods to an insolvent corporation cannot be rescinded by the seller on the ground of fraud, in the absence of false representations, unless the offi cers of the corporation, at the time of the purchase, had no reasonable expectation of making payment at the maturity of the bill.- EDELHOFF V. HORNER MILLER STRAW GOODS MFG. CO. OF BALTIMORE CITY, Md., 39 Atl. Rep. 314.

22. CORPORATIONS-Contracts with Officers.-A con tract of an officer of a railway corporation, with the company, to furnish material is not per se immoral, and is only void where statutes and decisions declare it against public policy; and the subsequent ratifica tion of such a contract by a special act of the legisla ture makes it valid.-DANVILLE, H. & W. R. Co. v. KASE, Penn., 39 Atl. Rep. 301.

23. CORPORATIONS-Foreign Corporations-Service of Process.-In an action against a foreign corporation not engaged in business within the State, a summons will be quashed, where it was served on the president of such corporation, who was only casually and tem porarily within the State, and afterwards departed therefrom, and the purpose for which he came into the State, and the capacity in which he was acting, are immaterial.-CARSTENS & EARLES V. LEIDIGH & H. LUM. BER CO., Wash., 51 Pac. Rep. 1051.

24. CORPORATIONS-Promissory Notes-Interest.-Interest is not recoverable on a note given to pay for

corporate stock where the note does not provide for interest, and there was no agreement to pay it, and there has been no call for payment of the subscription. -SEATTLE TRUST Co. v. PITNER, Wash., 51 Pac. Rep. 1048.

25. CORPORATIONS-Subscription to Stock-Tender.A certain agreement held to be a subscription to stock, not a sale of stock; that it was not necessary to tender the stock before bringing suit; and that it was sufficient to allege that the corporation was ready and will. ing to deliver the stock.-SEYMOUR V. JEFFERSON, Minn., 74 N. W. Rep. 149.

26. CREDITORS' BILL - Parties. After a judgment creditor has filed a bill, for the benefit of himself alone, to set aside a fraudulent conveyance, and es. tablish the lien of the judgment, other judgment creditors are not entitled to join as parties complainant, against the protest of defendants, though complainant consents.-IAUCH V. DE SOCARRAS, N. J., 39 Atl. Rep. 381.

27. CRIMINAL EVIDENCE.-In a prosecution for lar ceny, the admission of testimony of witnesses as to what the complaining witness told them about defendant's taking the money, not made in presence of defendant, is clearly erroneous.-STATE V. JUDD, Mont., 51 Pac. Rep. 1033.

28. CRIMINAL LAW-Appeals by State-When Lie.Under Rev. St. 1889, §§ 4289, 4290, allowing the State to appeal in criminal cases only where the indictment is quashed, or adjudged insufficient on demurrer, or where judgment thereon is arrested, the State cannot appeal from a judgment quashing an information, as an information is not an indictment technically, and, under section 6570, words having a peculiar and appro priate meaning in law must be understood according to their technical import.-STATE v. CLIPPER, Mo., 44 S. W. Rep. 264.

29. CRIMINAL LAW-Assault and Battery.-A charge as to assault and battery, in which self defense is set up, should justify defendant, if there was danger of personal injury, or it reasonably so appeared to defendant at the time; and a charge on abandonment of the difficulty by prosecutor should include the supposition of a reasonable appearance to defendant that prosecutor had not abandoned the difficulty.-BURRAGE V. STATE, Tex., 44 S. W. Rep. 169.

30. CRIMINAL LAW-Common Law Crimes-Forcible Entry.-Forcible entry is a misdemeanor, under Gen. St. § 4697, providing that "offenses recognized by the common-law, and not herein enumerated, shall punished," etc.-EX PARTE WEBB, Nev., 51 Pac. Rep.

1027.

be

31. CRIMINAL LAW Confessions - Admissibility.-A person who has been induced by confinement in a dark cell to make a confession is not bound thereby.-STATE v. MCCULLUM, Wash., 51 Pac. Rep. 1044.

32. CRIMINAL LAW- Homicide - Self Defense. - In a prosecution for murder, a charge that, even if defendant was near the place where the homicide was com mitted, yet the jury could not convict unless defendant fired the fatal shot, was properly refused, as not stating the law.-STATE V. STEWART, Mo., 44 S. W. Rep.

240.

35. CRIMINAL LAW-Rape.-Conviction of rape cannot stand, though prosecutrix declares that she was raped; her acts, as detailed by her, unmistakably indicating that, at most, she did not offer the resistance which the law requires.-EDMONSON V. STATE, Tex., 44 S. W. Rep. 154.

36. CRIMINAL LAW-Sufficiency of Verdict.-Where an indictment charged defendant with burglary in the second degree and larceny, a verdict merely finding him "guilty as charged" was void for uncertainty; since Rev. St. 1889, §§ 3528, 3529, provide different punishments for "burglary" and "burglary and larceny." -STATE V. ROWE, MO, 44 S. W. Rep. 266.

37. DEED-Reservations- Construction. - An agree. ment to make a deed of an acre of land, for the sole purpose of building a school house thereon, deprives the grantor and his heirs of the possession and use of the land only so far as stipulated in the deed or agree. ment, and only to those in whose favor the license was given.-AGNEW V. JONES, Miss., 23 South. Rep. 25. 38. DESCENT AND DISTRIBUTION Adopted ChildRight to Inherit.-An infant was adopted by strangers. The articles of adoption provided that, if she should remain with them until her majority, she should receive $500. The articles further bestowed on her "equal rights and privileges of children born in lawful wedlock:" Held, that the first provision was not exclusive as to property rights, but that on the death of the foster parents, intestate, before the child reached her majority, she was entitled to inherit as if their own. MARTIN V. LONG, Neb., 74 N. W. Rep. 43.

39. DESCENT AND DISTRIBUTION-Authority of Agent -Estoppel.-Where the expectant heirs of a person who is non compos assume, without letters of guardianship, the management of his estate, which subsequently descends to them upon his death, their acts with reference to the property will bind themselves, although it would not bind their ancestor, if he had recovered his mental capacity, or his personal representatives, if the property is required for purposes of administration, such as the payment of debts. WHEELER V. BENTON, Minn., 74 N. W. Rep. 154.

40. DURESS-Evidence.-Where defendant demanded of a husband a mortgage on his homestead, which was in his wife's name, claiming that he was a defaulter, and threatening criminal prosecution unless he gave the mortgage, evidence of the conversation between husband and wife, when he told her of such interview, was admissible, in an action by them for possession of the mortgage, on the ground of duress.-GIDDINGS V. IOWA SAV. BANK OF RUTHVEN, Iowa, 74 N. W. Rep. 21. 41. EASEMENT BY PRESCRIPTION-Twenty Years' Adverse Use. By 20 years of open, notorious, continuous, adverse use and enjoyment of an artificial ditch to drain water from the land of one person onto and across that of an adjoining owner, by the consent of such owner, such person acquires by prescription the right to a continuance of such use and enjoyment.— WILKINS V. NICOLAI, Wis., 74 N. W. Rep. 104.

42. EJECTMENT-Failure to Pay Betterment Judgment.-Under Sand. & H. Dig. §§ 2590, 2591, providing for betterment judgment, and that till payment thereof the court shall not cause possession to be delivered to the successful party, and that the amount shall be a lien on the lands, which may be enforced by equitable proceedings within three years of the judgment, a successful plaintiff, not having paid the betterment judg ment, cannot recover possession of the premises, though the three years for enforcing the lien has lapsed.-DOUGLASS V. SHARP, Ark., 44 S. W. Rep. 221.

43. EQUITY-Reformation of Instruments-Fraud and Mistake. A self-constituted agent falsely represented that the managing member of defendant firm had read and pronounced satisfactory a written contract of sale with plaintiff, the terms of which had previously been agreed on, and thereby induced the other member of the firm to sign it without reading the contents. The contract assigned did not express the actual agreement, as it contained a clause of which defendants

were ignorant. It was not shown that plaintiff authorized the agent to insert the clause, or to make the false representations: Held, that the negligence of defendants in signing the contract was not so gross as to bar them of the right of reformation of the contract on the ground of fraud and mistake.-SUTTON V. RISSER, Iowa, 74 N. W. Rep. 23.

44. EVIDENCE-Declarations.-A declaration, to be a part of the res gestæ, need not necessarily be coincident in point of time with the main fact proved; but such fact and the declaration concerning the same must be so clearly and closely connected that the declaration, in the ordinary course of affairs, can be regarded as the spontaneous explanation of the fact.-CITY OF FRIEND V. BURLEIGH, Neb., 74 N. W. Rep. 50.

45. EVIDENCE-Novation.-A lessor of an opera house agreed to pay the lessee $20 and a balance owing by the lessee for chairs placed in sald house, and the lessee agreed to surrender the lease. They went to gether to the creditor, and stated the agreement; and the latter accepted the lessor as its debtor: Held, that there was a complete novation, so that the statute of frauds did not apply.-HYATT V. BONHAM, Ind., 49 N. E. Rep. 361.

46. EVIDENCE Written Instruments.-In order to render written instruments admissible in evidence, their execution or genuineness, unless admitted, must be established by proof, except in cases within statu. tory exceptions.-SLOAN V. FIST, Neb., 74 N. W. Rep. 45. 47. EXECUTION SALES - Rents-Assignment-Receiv. ers. The appointment of a receiver to collect the debts due a judgment debtor does not preclude a pur. chaser under execution sale from suing the lessee of the debtor for the rents of the property purchased, as allowed by Code Proc. § 519, since a judgment in such action would simply establish a claim which the receiver would pay.-GRIFFITH V. BURLINGAME, Wash., 51 Pac. Rep. 1059.

48. EXECUTION SALES-Reversal of Judgment.-The vendee of one whose title is based on a sheriff's certifi cate of sale under execution, no deed having been is sued, does not possess the legal title, and is not entitled to protection, as against the judgment debtor, after the judgment has been reversed.-SINGLY V. WARREN, Wash., 51 Pac. Rep. 1066.

49. FRAUDS, STATUTE OF-Easements-Reservation.W conveyed land to K, reserving a passway for the benefit of B, pursuant to a parol agreement therefor. Soon thereafter B executed a deed to W, relinquishing a certain other right of way in consideration of the passway thus reserved; and there was an actual open. ing and dedication of the reserved passway, and an actual user thereof by B for some eight years: Held, that though the reservation, by reason of the fact that it was to a stranger to the deed, may not have been effective, yet as the subsequent conveyance by B to W, of which K had notice, must be regarded as a part of the same transaction, it was such a part performance of the parol contract for a right of way as to take it out of the statute of frauds.-BEINLEIN V. JOHN8, Ky., 44 S. W. Rep. 128.

50. FRAUDS, STATUTE OF-Sale of Personalty. To take an oral contract for the sale of personal property of over $50 in value out of the statute of frauds, when no part of the purchase money has been paid, delivery and acceptance of the property, or some portion thereof, by the vendee, is necessary.-WYLER V. ROTHSCHILD, Neb., 74 N. W. Rep. 41.

51. FRAUDULENT CONVEYANCES.-Where defendant conveyed all his property to his wife for a nominal consideration, two months after an action had been instituted against him to recover actual damages for personal in juries, but before final judgment thereon, the transfer was fraudulent.-THORP V. LEIBRECHT, N. J., 39 Atl. Rep. 361.

52. FRAUDULENT CONVEYANCES-Trust Settlements.In a suit to set aside a conveyance of real estate as in fraud of creditors, the fact that, though the debt sued

on was an honest one, complainant had not expended money or altered his situation on the strength of defendant having any ownership in the property, is not of itself sufficient to defeat complainant's right to relief.-IAUCH V. DE SOCARRAS, N. J., 39 Atl. Rep. 370.

53. GARNISHMENT-Conflict of Laws.-Where a debtor was sued in one State by his creditor, and later was garnished in another State, and the creditor obtained a judgment in the one State, which the debtor was compelled to satisfy after issuance of execution thereon, and said payment was pleaded as a bar to any further proceedings in the garnishment suit, said suit should have been dismissed.-VIRGINIA FIRE & MARINE INS. Co. v. NEW YORK CAROUSAL MFG. CO., Va., 28 S. E. Rep. 888.

54. GARNISHMENT-Debt not Due.-Under Rev. St. 1895, arts. 188, 189, providing that no attachment shall Issue until a suit for the debt shall have been instituted, and authorizing suit before such debt falls due, though no judgment could be taken until its maturity, and article 217, providing for writs of garnishment in such attachment proceedings, garnishment proceed. ings under an attachment in an action on a note before the maturity thereof were not void.-TAYLOR v. FRYAR, Tex., 44 S. W. Rep. 183.

55. HIGHWAYS-Ownership of Fee-Telegraphs.-One who owns a fee in land, subject to the easement of the public to use it for a public highway, may maintain ejectment against a telegraph company erecting poles on the land.-POSTAL TEL. CABLE CO. v. EATON, Ill., 49 N. E. Rep. 365.

56. HOMESTEAD - Exemption Transfer to Wife.Land, constituting a statutory homestead, when conveyed by a husband to his wife does not become liable for his then existing debts, by subsequently losing its homestead character, even when the transfer was Voluntary.-BANK OF BLADEN V. DAVID, Neb., 74 N. W. Rep. 42.

57. HUSBAND AND WIFE - Support of Minor Children. -A divorced wife may maintain an action against her former husband for maintenance of a minor child whose custody was awarded to her in the action for divorce; especially where neither of the parties had any property when the divorce was granted.-GIBSON V. GIBSON, Wash., 51 Pac. Rep. 1041.

58. INJUNCTION-Payment of Debt.-A court of equity has no power to grant an injunction enjoining an insolvent defendant, who is indebted to plaintiff, from disposing of a particular fund, where plaintiff has no lien by judgment or otherwise.-FREDERICK COUNTY NAT. BANK V. SHAFER, Md., 39 Atl. Rep. 320.

59. INJUNCTION-Subjects of Protection-Levy of Execution. Where no execution on a judgment for wit ness fees has been issued to the county in which the judgment was rendered, as required by Rev. St. 1895, art. 2335, and returned nulla bona, levy of an execution issued on such judgment to another county will be restrained by injunction.-NORWOOD V. ORIENT INS. Co., Tex., 44 S. W. Rep. 188.

60. INSOLVENCY-Insolvent Traders-Deed of Trust.A trader who, before default has been made in the pay. ment of a draft drawn by him, makes a general assign. ment for the benefit of his creditors, does not cease to be a trader so as to escape the provisions of the insolvent law, providing for the insolvency of merchants and traders.-GARDNER V. GAMBRILL, Md., 39 Atl. Rep. 318.

61. INSURANCE POLICY-Construction-Under the rule that where the language of a contract is plain and unambiguous, and where words or terms in a contract may be reasonably construed in either of two ways but extrinsic evidence is not resorted to for the purpose of aiding in the construction, the proper construction of the contract is for the court. The proper construction of language in an insurance policy, to the effect that "fires caused by the use of steam engines on the premises insured, other than threshing machine engines using coal for fuel with sufficient wood to

kindle or start the fire," was a question solely for the court.-THURSTON V. BURNETT & BEAVER DAM FARMERS' MUT. FIRE INS. CO., Wis., 74 N. W. Rep. 181.

62. JUDGES-Accepting Insufficient Bond- Evidence. -In an action against a county judge to recover damages for his negligence in accepting an insufficient bond, defendant cannot object to the admission, as evidence, of the record showing the approval of the bond, on the ground that the record was not signed by him as required by the statute.-FARLEY V. LEWIS, Ky., 44 S. W. Rep. 114.

63. JUGDMENT-Equitable Relief.-An action in equity to amend a judgment will not lie on the ground that it was inadvertently entered, and that such inadvertence is apparent on the face of the judgment roll, including the findings, in that it failed to decide the matters in controversy, was entered by mistake, and does not express the decision of the court.-LONG V. EISENBEIS, Wash., 51 Pac. Rep. 1061.

64. JUDGMENT-Opening Default Judgment.-The requirement of Civ. Code, § 342, that an application for a new trial shall be made "within three days after the verdict or decision is rendered, unless unavoidably prevented," does not apply to a motion to set aside a default judgment, but such motion may be made at any time during the term at which the judgment is rendered.-RIGLESBERGER V. BAILEY, Ky., 44 S. W. Rep.

118.

a decree of divorce rendered by a court of another State, that the petitioner was a resident of that State for the statutory period, is conclusive in New Jersey, not only as to the period of citizenship, but as to the fact of petitioner's domicile in the other State.MAGOWAN V. MAGOWAN, N. J., 39 Atl. Rep. 364.

66. JUDGMENT LIEN - Entry on Record Book.-Under Code, § 3769, providing that every final adjudication of the rights of parties shall be a judgment, and (section 3784) must be recorded, a judgment signed by the judge, and indorsed and filed by the clerk, is not a lien until recorded in the record book, under Code, § 3801, provid. ing for a lien upon land owned "at the time of such rendition."-CALLANAN V. VOTRUBA, Iowa, 74 N. W.

Rep. 13.

67. JUDICIAL SALES-Estoppel.- Where only the interest of K's unknown heirs was sold at a judicial sale for taxes, the purchaser of the interest of K's devisees is not estopped to assert his title by his acceptance from the sheriff of the surplus proceeds of the sale.-HART MANN V. HORNSBY, Mo., 44 S. W. Rep. 242.

68. LANDLORD AND TENANT-Repairs.- Where the city notified a landlord that she must repair the leased property, and the tenant refused to pay rent until the repairs were made, and she agreed to pay for repairs, a finding that she authorized the tenant to have the property repaired will not be disturbed.-SHEEHAN V. WINEHILL, Wash., 51 Pac. Rep. 1065.

71. LIMITATION OF ACTIONS-Adverse PossessionTrusts.-The rule that, where the legal title to land held by a trustee is barred by limitations, the equitable interests will also be defeated, though the cestui que trust is an infant, applies, though the person who holds the land is a constructive trustee, by reason of having purchased from the actual trustee with knowledge of his violation of the trust; and therefore where 8, who held land in trust for P's wife and children (the trust being for the benefit of the wife during her life, remainder to her children), sold and conveyed the land to K, who held the land adversely for more than 30 years, the children, though infants, are barred, without regard to the time when the life estate terminated. -WILLSON V. LOUISVILLE TRUST CO., Ky., 44 S. W. Rep. 121.

72. LIMITATION OF ACTIONS - Pendency of Legal Proceedings. In 1882 the only heir of an intestate sued in the court in which the administration of his estate was pending, attacking the validity of the administration, and seeking to have the administrator dismissed. The Hitigation continued until June, 1889, when it was finally determined in favor of the administrator. In 1886 the heir conveyed land of which deceased died seised, and the grantee took possession: Held, that the limitations ran against the administrator pending such litigation, as to such land, in favor of said grantee.-BOWEN V. KIRKLAND, Tex., 44 S. W. Rep. 189.

73. MALICIOUS PROSECUTION

Want of Probable

Cause. The acquittal of a defendant upon a trial of a criminal charge is not prima facie evidence of the want of probable cause for the prosecution.-EASTMAN V. MONNASTES, Oreg., 51 Pac. Rep. 1095.

74. MANDAMUS Towns

Change of Street Grade.Though an abutter have a right to the restoration of a street grade, it is not the duty of the surveyor of highways to restore it, or to work it to a grade established of record, as he is merely a ministerial officer of the town council, and has no authority to incur any indebt. edness, except, perhaps, in case of emergency.-SWEET V. CONLEY, R. I., 39 Atl. Rep. 326.

75. MARRIED WOMEN - Power to Contract.-When a married woman signs a note, there is no presumption that she intended thereby to fasten a liability upon her separate estate, but in an action on such note, where coverture is pleaded as a defense, and proved, the bur den is upon the plaintiff to establish that it was made with reference to, and upon the credit of, her property, and with the intent to bind the same.-GRAND ISLAND BANKING CO. v. WRIGHT, Neb., 74 N. W. Rep. 82.

76. MASTER AND SERVANT-Defective Appliances-Assumption of Risks.—A servant is not ordinarily obliged to search for defects in instrumentalities furnished for his use; nevertheless, in the use of ordinary tools, he takes the risk of all defects therein which are open and obvious to a person of ordinary care, by reasonable attention to them as they are used.-BORDEN V. DAISY ROLLER MILL CO., Wis., 74 N. W. Rep. 91.

77. MASTER AND SERVANT-Fellow servant.-A superintendent in charge of the work of moving and erecting a telephone pole, the moving to be done by having one end placed on a carriage, is a fellow servant of the workmen in directing them to "let go" before the car. riage has been backed far enough under the pole.MORGRIDGE V. PROVIDENCE TEL. CO, R. I., 39 Atl. Rep.

328.

78. MASTER AND SERVANT — Negligence Places for Work. Where an employer furnishes a place for his employees to work as safe as other persons of ordinary care, engaged in like business and in like circum. stances, ordinarily furnish, he is not liable to an em ployee who is injured, as alleged, because he was furnished an unsafe place in which to work.-PRYBISKI V. NORTHWESTERN COAL RY. Co., Wis., 74 N. W. Rep. 117.

79. MECHANICS' LIENS - Property Subject.-Under Code, art. 63, § 22, providing that machines are subject to a lien in like manner as buildings, a lien cannot be claimed on a steam heating apparatus consisting of a

boiler and furnace, built in brick and cement, with pipes and radiators throughout the building, as such apparatus is a fixture.-STEBBINS V. CULBRETH, Md., 39 Atl. Rep. 321.

80. MORTGAGES-Assumption by Grantee.-A person, not having a fraudulent or criminal purpose in so doing, may enter into a contract by any name he may choose to assume. All that the law looks to is the identity of the individual, and, when that is ascer tained and clearly established, the act will be binding upon him and upon others.-SCANLON V. ALEXANDER, Minn., 74 N. W. Rep. 146.

81. MORTGAGE-Foreclosure-Decree.-A recital in a decree of foreclosure that defendant appeared by attorney, who was her husband, is conclusive as to such appearance, where the only evidence to show the recital erroneous is testimony by the husband, who was also a party, that she did not appear or answer, and that he knew she did not, because she told him so, and he filed the answer himself, where it is not alleged that he had not authority to do so.-WILENBURG V. HERSEY, Iowa, 74 N. W. Rep. 1.

82. MORTGAGE-Foreclosure Sale.-A purchaser at a foreclosure sale acquires the mortgagee's interest under tax certificates, under Rev. St. § 3169, making such sale a bar to all claims against the parties to the action.-AMES V. STORER, Wis., 74 N. W. Rep. 101.

83. MORTGAGES-Priority.-Where the vendee of land, on the day on which it was conveyed to her, executed a mortgage thereon to a loan company for a part of the price, and also a mortgage to her vendor for the balance, and such deed and both mortgages were filed for record on the same day-first, the mortgage to the loan company; next, the deed to the mortgagor; and, last, the mortgage to her vendor-such mortgage to the loan company was entitled to priority, in the absence of notice otherwise, over that to the vendor, the holder of which was chargeable with all the knowledge that the record imparted.-HIGGINS V. DENNIS, Iowa, 74 N. W. Rep. 9.

84. MUNICIPAL CORPORATIONS Contracts.-A tax payer may resort to equity to restrain a municipal corporation and its officers from appropriating money raised by taxation to unauthorized uses.-BLOOD V. MANCHESTER ELECTRIC LIGHT CO., N. H., 39 Atl. Rep.

335.

85. MUNICIPAL CORPORATIONS-Defective Sidewalks. -A portion of an inclined sidewalk in defendant village had ice and snow thereon to such depth that the cleats thereon were covered. In the morning, while going down the incline, plaintiff slipped and fell. She had passed over the sidewalk in the opposite direction about an hour previous, and observed that it was very slippery. The walk was not slippery prior to the previous night, but became so during the night, by reason of a mist, followed by a slight flurry of snow: Held, that the plaintiff could not recover for her in juries.-COOPER V. VILLAGE OF WATERLOO, Wis., 74 N. W. Rep. 115.

86. MUNICIPAL CORPORATIONS-Dedication-Extent.Where land is surveyed and platted into an addition to a city, in pursuance of the statute, the fee-simple title to the streets and alleys of such addition thereby vests in the public.-JAYNES V. OMAHA ST. BY. CO., Neb., 74 N. W. Rep. 67.

87. MUNICIPAL CORPORATIONS Defective StreetsNegligence. In an action by plaintiff to recover for injuries caused by defects in a sidewalk along a street, where the grade had been raised, and sidewalks made to correspond to the grade, where plaintiff knew of the change of grade, but did not know of the condition of the sidewalk at the place in which he was injured when using it, on a dark night, the question of negligence was for the jury.-BAUERLE V. CITY OF PHILADELPHIA, Penn., 39 Atl. Rep. 298.

88. MUNICIPAL CORPORATIONS-Proceedings to Au thorize Issuance and Sale of Bonds.-The purchase of waterworks, and the erection of new ones, are distinct